JUSTICES ACT 1886 - SECT 104
Proceedings upon an examination of witnesses in relation to an indictable offence
JUSTICES ACT 1886 - SECT 104
Proceedings upon an examination of witnesses in relation to an indictable offence
104 Proceedings upon an examination of witnesses in relation to an indictable
offence
(1) The examination of witnesses in relation to an indictable offence—
(a)
may be conducted by a single justice; and
(b) subject to the provisions of
section 40, shall be conducted in the presence and hearing of the defendant,
if the defendant is required to be present, and of the defendant’s lawyer
(if any).
(2) When, upon such an examination all the evidence to be offered
on the part of the prosecution has been adduced and the evidence, in the
opinion of the justices then present, is not sufficient to put the defendant
upon trial for any indictable offence, the justices shall order the defendant,
if the defendant is in custody, to be discharged as to the charge the subject
of that examination, but if in the opinion of such justices (or if there be
more justices than 1 then present, in the opinion of any 1 of such justices)
the evidence is sufficient to put the defendant upon trial for an indictable
offence then the justices or 1 of them shall—
(a) save, with respect to a
particular defendant, in relation to evidence given during the absence of that
defendant pursuant to the provisions of section 104A, cause to be read to the
defendant the deposition of the witnesses who may have given evidence at the
examination in the defendant’s absence; and
(b) address to the defendant
the following words or words to like effect—
‘You will have an opportunity to give evidence on oath before us and to call
witnesses for the defence. But first I am going to ask you whether you wish to
say anything in answer to the charge. You need not say anything unless you
wish to do so and you are not obliged to enter any plea; and you have nothing
to hope from any promise, and nothing to fear from any threat that may have
been held out to induce you to make any admission or confession of guilt.
Anything you say will be taken down and may be given in evidence at your
trial. Do you wish to say anything in answer to the charge or enter any
plea?’.
(3) Whatever the defendant may say in answer to the words addressed
to the defendant pursuant to subsection (2) shall be reduced to writing and
read to the defendant and shall thereupon be signed by the justices and by the
defendant, if the defendant so desires, and shall be kept with the depositions
of the witnesses and shall, if the defendant is committed to be tried or for
sentence, be transmitted with such depositions in accordance with the
provisions of section 126.
(4) If the defendant desires to offer evidence
with respect to the charge the subject of the examination the justices shall
hear and receive all admissible evidence tendered on behalf of the defendant
which tends to show whether or not the defendant is guilty of the offence with
which the defendant is charged.
(5) Where upon the examination the defendant
is committed for trial, the justices shall warn the defendant that the
defendant may not be permitted at that trial to give evidence of an alibi or
to call witnesses in support of an alibi unless the defendant gives to the
director of public prosecutions written notice in the prescribed form of that
alibi and of those witnesses within the time prescribed by the Criminal Code ,
section 590A .